[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22938-22942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09730]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2025-0119]
RIN 2126-AC93
Parts and Accessories Necessary for Safe Operation; Brakes on
Portable Conveyors
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: FMCSA proposes to add an exception for portable conveyors used
in aggregate industry operations, and manufactured before 2010, from
the requirements that each commercial motor vehicle (CMV) be equipped
with brakes acting on all wheels, provided certain conditions are
satisfied. This proposal is in response to a petition for rulemaking
from the Michigan Aggregates Association (MAA). The proposed change
would provide relief from a regulatory requirement for certain portable
conveyors without impacting safety.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0119 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0119/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590 0001; (202) 366-9209; [email protected]. If you
have questions on viewing or submitting material to the docket, call
Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0119), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0119/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
[[Page 22939]]
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0119/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
II. Abbreviations
ANPRM Advanced notice of proposed rulemaking
CMV Commercial motor vehicle
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
MAA Michigan Aggregates Association
MPH Miles per hour
NPRM Notice of proposed rulemaking
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
Under 49 U.S.C. 31136(a), DOT is required to ``prescribe minimum
safety standards for commercial motor vehicles. At a minimum, the
regulations shall ensure that--``(1) commercial motor vehicles are
maintained, equipped, loaded, and operated safely; (2) the
responsibilities imposed on operators of commercial motor vehicles do
not impair their ability to operate the vehicles safely; (3) the
physical condition of operators of commercial motor vehicles is
adequate to enable them to operate the vehicles safely . . .; (4) the
operation of commercial motor vehicles does not have a deleterious
effect on the physical condition of the operators; and (5) an operator
of a commercial motor vehicle is not coerced by a motor carrier,
shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation promulgated under
this section [which is the basis for much of the FMCSRs], or chapter 51
or chapter 313 of this title.''
This NPRM is based on the authority of 49 U.S.C. 31136(a)(1) to
ensure that CMVs are equipped and operated safely. It does not
implicate the driver-centered requirements of 49 U.S.C. 31136(a)(2)
through (4). Because this NPRM would create an exception to a
requirement for brakes, there is no obvious risk of coercion related to
this proposed rule to which a driver might be subjected.
Commercial motor vehicles are defined in 49 CFR 390.5 to include
``any self-propelled or towed motor vehicle used on a highway in
interstate commerce to transport passengers or property when the
vehicle--(1) Has a gross vehicle weight rating or gross combination
weight rating, or gross vehicle weight or gross combination weight, if
4,536 kg (10,001 pounds) or more, whichever is greater.'' The portable
conveyors addressed by this NPRM and their towing vehicles have gross
combination weights of 10,001 pounds or more, and are thus CMVs.
For the reasons explained below, FMCSA believes that exempting
portable conveyors from the requirement in Sec. 393.42(a) to have
brakes acting on all wheels (under the conditions proposed) would not
adversely affect the operational safety of combinations including such
conveyors.
IV. Background
Requirements that CMVs be equipped with various parts and
accessories are established in 49 CFR part 393, ``Parts and Accessories
Necessary for Safe Operation.'' Specifically, Sec. 393.42 requires
that each CMV be equipped with brakes acting on all wheels. This
section currently includes six exceptions, based mainly on either the
age of the vehicle (for example, three-axle vehicles manufactured prior
to 1980 do not require brakes on the steering axle) or the weight of
the vehicle (for example, a trailer with a gross weight of 3,000 lbs.
or less does not require brakes). Other exceptions are for driveaway
towaway vehicles and specialized trailers transporting extremely heavy
equipment (e.g., industrial furnaces, reactors, etc.) at speeds not
exceeding 20 miles per hour (mph).
On January 18, 2019, MAA submitted a petition for rulemaking
requesting a revision to Sec. 393.42 to add portable conveyors to the
list of vehicles that are not required to have brakes on all wheels.
FMCSA granted the MAA petition on September 9, 2024, and the revision
requested in that petition is addressed in this rulemaking.
V. Discussion of Proposed Rulemaking
The MAA petition requested that FMCSA add an exception for portable
conveyors to the requirements in Sec. 393.42(b). MAA stated that,
prior to 2010, portable conveyors were not manufactured with brakes
because the drum brakes used at the time would trap sand, rocks, and
other materials found in aggregate pits, which would render the brakes
useless. That material would also tend to dislodge during transport,
creating a road hazard. Manufacturers now install disc braking systems
on portable conveyors, but conveyors manufactured before 2010 cannot be
retrofitted with these newer brakes. MAA stated that the aggregate
industry has maintained a good safety record while transporting the
brakeless portable conveyors in the past.
[[Page 22940]]
FMCSA is proposing to add the requested exception to Sec. 393.42.
The Agency examined inspection violations data related to Sec. 393.42
and focused on violations related to missing brakes on the trailer axle
for the years 2020 to first quarter of 2024. The data showed that total
percentage of all violations related to Sec. 393.42 amounted to less
than 0.06 percent of all CMV violations. More specifically, violations
related to missing brakes on a trailer axle were less than 0.001
percent of all violations. There is no crash data to indicate if
portable aggregate conveyors have been a primary cause of crashes.
The towing vehicle and portable conveyer would still need to meet
the stopping performance required by Sec. 393.52(d). The combination
would be required to stop within 40 feet or less from an initial speed
of 20 mph. The FMCSRs do not specify minimum stopping distances from
higher speeds. However, because of the length of the conveyors, motor
carriers will often have to request overlength permits from the States
in which they operate, and in many of those cases the permits contain
restrictions on maximum speed. Further, most towing vehicles are
equipped with either disc brakes or a combination of disc and drum
brakes on wheels, which have improved the stopping distances by 30
percent since 2013, after the adoption of FMVSS No. 121 (see 74 FR
37122 and 78 FR 9623; July 27, 2009).
FMCSA proposes imposing two additional conditions to the exception
to ensure these conveyors continue to be transported safely. First,
FMCSA proposes requiring that the sum of the axle weights of the towed
vehicle not exceed 40 percent of the sum of the axle weights of the
towing vehicle to ensure that stability is maintained during transport.
Second, FMCSA proposes that the maximum speed be limited to 45 mph on
two lane roads and 55 mph on freeways. Because the towing vehicle plus
the portable conveyor must still meet the brake performance standards
in Sec. 393.52, which is stopping from 20 mph within 40 feet, and the
fact that these portable conveyors will seldom be transported on the
highway due to their primary use offroad, FMCSA believes that these
conveyors can be transported safely without brakes.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
This section-by-section analysis describes the proposed changes in
numerical order.
Section 393.42 Brakes Required on all Wheels
FMCSA proposes to add new paragraphs (b)(7)(i) through (iii) which
would provide an exception for portable conveyors manufactured prior to
2010.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
and DOT Regulatory Policies and Procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that order. Accordingly, OMB has not reviewed it under that
E.O.
The proposed rule would add an exception to the requirement for
brakes on all wheels for portable conveyors manufactured prior to 2010.
The towing vehicle and the portable conveyor would still need to meet
the stopping performance required by Sec. 393.52(d). Furthermore, most
towing vehicles are now equipped with disc brakes or a combination of
disc and drum brakes on wheels, which have improved stopping distances
by 30 percent since 2013 after the adoption of FMVSS No. 121 (see 74 FR
37122 and 78 FR 9623). That advancement in braking technology further
diminished the necessity for brakes on pre-2010 portable conveyors.
Consequently, FMCSA determines that this proposed rule would have no
impact on safety. The proposed rule is anticipated to generate cost
savings for owners of pre-2010 portable conveyors by enhancing their
economic viability and potentially extending their useful lifespan.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \1\
---------------------------------------------------------------------------
\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
---------------------------------------------------------------------------
Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-
25-20, March 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\2\
---------------------------------------------------------------------------
\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
---------------------------------------------------------------------------
An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \3\ is likely
to lead to the promulgation of a major rule.\4\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
---------------------------------------------------------------------------
\3\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\4\ A major rule means any rule that the Office of Management
and Budget finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
geographic regions, Federal, State, or local government agencies; or
(c) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises
in domestic and export markets (5 U.S.C. 804(2)).
---------------------------------------------------------------------------
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with
[[Page 22941]]
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen any adverse
effects on these businesses.
---------------------------------------------------------------------------
\5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
---------------------------------------------------------------------------
No regulatory flexibility analysis is required, however, if the
head of an agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rulemaking will add an exception to the
requirement for brakes on all wheels for portable conveyors
manufactured prior to 2010. By extending this regulatory relief, owners
of pre-2010 portable conveyors may experience some cost savings. FMCSA
considers any realized cost savings to be de minimis. The Agency
requests data or any other information that could assist in quantifying
these costs savings. Consequently, I certify that the proposed action
would not have a significant economic impact on a substantial number of
small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Because this proposed rule would
not result in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this proposed rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this proposed rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
---------------------------------------------------------------------------
\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\7\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology would collect, maintain, or disseminate information as a
result of this rulemaking. Accordingly, FMCSA has not conducted a PIA.
---------------------------------------------------------------------------
\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the proposed
rulemaking might have on collecting, storing, and sharing personally
identifiable information. The PTA will be submitted to FMCSA's Privacy
Officer for review and preliminary adjudication and to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This proposed rule does not have Tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this proposed rule, if finalized, would not have a reasonably
foreseeable significant effect on the quality of the human environment.
This action would likely fall under a published categorical exclusion
and thus be excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680), Appendix 2. Specifically, paragraph (6)(bb),
which covers regulations pertaining to vehicle operation safety
standards, equipment approval, and/or equipment carriage requirements.
The public is invited to comment on the impact of the proposed Agency
action.
L. Rulemaking Summary
In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed
rule may be found at regulations.gov, under the docket number.
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
Accordingly, FMCSA proposes to amend 49 CFR part 393 to read as
follows:
[[Page 22942]]
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
1. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L.
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94,
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
0
2. Amend Sec. 393.42 by adding paragraph (b)(7) to read as follows:
Sec. 393.42 Brakes required on all wheels.
* * * * *
(b) * * *
(7) Portable conveyors manufactured prior to 2010 and used by the
aggregate industry are not required to be equipped with brakes on all
wheels provided:
(i) The combination of portable conveyor and towing vehicle meet
the performance requirement in 49 CFR 393.52;
(ii) The sum of the axle weights of the towed vehicle does not
exceed 40 percent of the sum of the axle weights of the towing vehicle;
and
(iii) The maximum speed of the portable conveyor and towing vehicle
is limited to 45 miles per hour (mph) on two lane roads and 55 mph on
freeways.
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09730 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P